10 CSR 40-9.040 - Acquisition of Land and Water for Reclamation

PURPOSE: This rule sets forth requirements for the acquisition of land and water for reclamation purposes by the state under the state reclamation plan pursuant to sections 444.810, 444.925.3-6, and 444.940, RSMo.

PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Land Eligible for Acquisition.

(A) Land adversely affected by past coal mining practices may be acquired by the commission with federal moneys from the fund if approved in advance by the office. Prior to acquisition of such land, the commission shall find in writing that acquisition is necessary for successful reclamation in accordance with section 444.925.1, RSMo.

(B) The commission in acquiring land under this rule shall acquire only such interests in the land as are necessary for the reclamation work planned or the post-reclamation use of the land. Interest in improvements on the land, mineral rights, or associated water rights may be acquired if-

1. Severance of such interests from the surface estate cannot be made; or

2. Such interests are necessary to the reclamation work planned or the post-reclamation use of the land; and

3. Adequate written assurances cannot be obtained from the owner of the severed interest that future use of the severed interest will not be in conflict with the reclamation to be accomplished.

(2) Procedures for Acquisition.

(A) An appraisal of the fair market value of all land or interest in land to be acquired shall be obtained from a professional appraiser. The appraisal shall state the fair market value of the land as adversely affected by past mining and shall otherwise conform to the requirements of the handbook on Uniform Appraisal Standards for Federal Land Acquisitions (Interagency Land Acquisition Conference, 2016), which is incorporated by reference and made a part of this rule, copies may be obtained by contacting The Appraisal Foundation, 1155 15th Street NW, Suite 1111, Washington, DC 20005 or online at https://www.appraisalfoundation.org. This rule does not incorporate any subsequent amendments or additions.

(B) When practical, acquisition shall be by purchase from a willing seller. The amount paid for interests acquired shall reflect the fair market value of the interests as adversely affected by past mining.

(C) When necessary, land or interest in land may be acquired by condemnation. Condemnation procedures shall not be started until all reasonable efforts have been made to purchase the land or interests in lands from a willing seller.

(D) The commission in acquiring land under this rule shall comply, at a minimum and to the extent applicable, with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601; 41 CFR 114-50 ); Solicitor of the Interior's Regulations for Approval of Title to Lands and Condemnation (I SRM 6.1); and Regulations of the Attorney General under Order No. 440-70 dated October 2, 1970 establishing standards for title approval of lands to be acquired for federal public purposes.

(E) Titles to all interest in land acquired shall be in the name of the state and shall be recorded in accordance with applicable state law.

(3) Acceptance of Gifts of Land.

(A) The commission may accept donations of title to land or interest in land which is necessary for reclamation activities. A donation shall not be accepted if the terms or conditions of acceptance are inconsistent with the objectives or requirements of the program.

(B) Offers to make a gift of such land or interest in land shall be in writing and shall include:

1. A statement of the interest which is being offered;

2. A legal description of the land and a description of any improvements on it;

3. A description of any limitations on the title or conditions as to the use or disposition of the land existing or to be imposed by the donor;

4. A statement that-

A. The offeror is the record owner of the interest being offered;

B. The interest offered is free and clear of all encumbrances except as clearly stated in the offer;

C. There are no adverse claims against the interest offered;

D. There are no unredeemed tax deeds outstanding against the interest offered; and

E. There is no continuing responsibility by the operator under state or federal law for reclamation; and

5. An itemization of any unpaid taxes or assessments levied, assessed or due which could operate as a lien on the interest offered.

(C) If the offer is accepted, a deed of conveyance shall be executed, acknowledged, and recorded. The deed shall state that it is made "as a gift under the Surface Coal Mining Law," RSMo. Title to donated land shall be in the name of the governor of the state of Missouri.

Notes

10 CSR 40-9.040

AUTHORITY: section 444.810, RSMo 2016.* Original rule filed June 11, 1981, effective Oct. 13, 1981. Amended: Filed March 26, 2018, effective Nov. 30, 2018.

AUTHORITY: section 444.810, RSMo 1994.* Original rule filed June 11, 1981, effective 10/13/1981. Amended by Missouri Register October 1, 2018/Volume 43, Number 19, effective 11/30/2018